Chicago Truck Accidents Due to Distracted Driving
Illinois law forbids distracted driving. But what exactly is “distracted driving”? While that term could refer to shaving in the mirror while driving, it normally refers to the use of some electronic device. Although distracted driving laws keep getting stricter, for the moment the rules in Chicago are as follows:
- Texting and driving is forbidden
- Talking on a hand-held phone is allowed except in construction zones and school zones
- Talking on a hands-free device is legal for most drivers, even in construction zones and school zones.
- Bus drivers and drivers under 19 are not allowed to use electronic devices while driving, even if they are hand-held.
Negligence Per Se and Chicago Truck Accident Claims
Many states follow “negligence per se” rules. Under these rules a violation of a safety statute is considered automatic negligence. In Illinois, however, a violation of a safety statute such as distracted driving is considered evidence of negligence. This means a court can decide that the violation did not add up to negligence under the circumstances of the accident. That rarely happens to our clients.
The Malman Law Track Record
Winning a truck accident claim can be tricky, especially when you are filing a claim against a stubborn insurance company that will be on the hook for a large sum if your claim succeeds. That doesn’t bother us here at Malman Law – we have been winning truck accident claims on behalf of our Chicago clients for decades now.
- We win 95 percent of the time
- We have served over 15,000 clients
- Our clients have won over $200,000,000 due over the years
- We settle out of court 95 percent of the time
“If anyone has a problem and is in need of help, call Malman Law. At Malman Law you are not just a client, you are part of the family.” – Donyell G
Some Related Practice Areas
We handle all different types of truck accidents, including:
- Truck Accidents Due to DUI
- Truck Accidents Due to Driver Fatigue
- Truck Accidents Due to Driver Error
- Truck Accidents Due to Faulty Truck Design
- Back and Neck Injuries From Truck Accidents
- Broken Bones From Truck Accidents
- Head Injuries From Truck Accidents
- Lacerations From Truck Accidents
- Spinal Cord Injuries and Paralysis From Truck Accidents
Frequently Asked Questions (FAQs)
Can I handle my claim on my own if I plan to settle out of court?
You certainly have the constitutional right to do so. However, it is not a good idea if your claim is sizeable. Insurance company negotiators carry a bag of a thousand tricks, such as:
- Encouraging you to give a recorded statement and then asking you trick questions
- Issuing a “lowball offer” while you are still in the hospital
- Monitoring your social media accounts
That’s three down, 997 to go. Call Malman Law today.
What makes truck accidents more dangerous than ordinary car accidents?
An 18-wheeler truck weighs far more that the average automobile and carries up to thirty times as much momentum. Truck accidents often lead to long-term debilitation, and the death rate is shockingly high.
Do I have a claim if my loved one died in a truck accident?
The Illinois wrongful death act allows the personal representative of the deceased victim’s probate estate to file a wrongful death claim in favor of the estate, spouse, parents, and children of the victim. Once estate costs are covered, damages from a wrongful death lawsuit are divided among next of kin – although not necessarily in equal amounts.
What types of damages might I be eligible for?
Damages can be classified as follows:
- Economic damages – Tangible losses such as medical bills and lost work time.
- Non-Economic damages – Intangible losses such as pain and suffering.
- Punitive Damages – Awarded, if at all, in addition to economic and non-economic damages. Most personal injury claims do not qualify for punitive damages, and Illinois does not allow punitive damages in wrongful death cases.
If You Don’t Win, We Won’t Bill You
As noted above, we win 95 percent of our clients’ claims. This gives us the flexibility to bill you on a conditional basis – if we don’t win your claim, you won’t be receiving a bill from us. We don’t mean we will issue a refund. We mean that you will never pay us anything in the first place. That’s our Zero Fee Guarantee.
Don’t Delay – Truck Accident Cases are Time-Sensitive
We serve clients throughout Chicago, from Rogers Park all the way down to the Far Southeast Side and beyond. Call Malman Law today at 1-888-836-5975, or fill out our online form to schedule a time to discuss your case free of charge. We have someone available 24/7, and we will even come to the hospital to meet you if need be.